Allahabad High Court grants bail to man accused of "propagating concept of Islamic State"

Allahabad High Court has granted bail to one, Mohammad Rashid Khan, accused of "propagating the concept of Islamic State" and instigating people to indulge in violence and anti-national activities..Single judge Justice Vivek Kumar Singh granted bail to Khan in view of reformative theory of punishment, the nature of supporting evidence and the larger mandate under Article 21 of the Constitution of India.."Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail."Khan was charged under Sections 121-A (conspiracy to wage war against Government of India), 420 (cheating), 467 (forgery), 471 (Using as genuine a forged document or electronic record) and 120B (criminal conspiracy) of Indian Penal Code. .The counsel for the accused, Senior Advocate, SFA Naqvi submitted that Khan was falsely implicated in the case and he never conducted any training camp in any place or kept any document, literature or CD to propagate the concept of Islamic State and instigate the persons to indulge in violence or any anti national activity.It was further contended that the controversial material alleged to have been recovered from the custody of the applicant had been purposely arranged by the police itself to make out a case..On the other hand, Additional Government Advocate opposed the bail..The Court took into consideration 'overcrowding' of jails during Covid-19 pandemic and the material placed on record before proceeding to grant bail to the accused.."Let applicant- Mohammad Rashid Khan, be released on bail in Case Crime No. 97 of 2021, under Sections- 121-A, 420, 467, 468, 471 and 120B IPC, Police Station- Kotwali, District- Basti, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned," the order said..[Read order]